Lawgist150Bailor's duty to disclose faults in goods bailed
The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults.
If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed.
Illustrations
(a) A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse runs away. B is thrown and injured. A is responsible to B for damage sustained.
(b) A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the injury.
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- 148 "Bailment", "bailor" and "bailee" defined
- 149 Delivery to bailee how made
- 150 Bailor's duty to disclose faults in goods bailed
- 151 Care to be taken by bailee
- 152 Bailee when not liable for loss, etc., of thing bailed
- 153 Termination of bailment by bailee's act inconsistent with conditions
- 154 Liability of bailee making unauthorized use of goods bailed
- 155 Effect of mixture, with bailor's consent, of his goods with bailee's
- 156 Effect of mixture, without bailor's consent, when the good can be separated
- 157 Effect of mixture, without bailor's consent, when the goods cannot be separated
- 158 Repayment, by bailor, of necessary expenses
- 159 Restoration of goods lent gratuitously
- 160 Return of goods bailed, on expiration of time or accomplishment of purpose
- 161 Bailee's responsibility when goods are not duly returned
- 162 Termination of gratuitous bailment by death
- 163 Bailor entitled to increase or profit from goods bailed
- 164 Bailor's responsibility to bailee
- 165 Bailment by several joint owners
- 166 Bailee not responsible on re-delivery to bailor without title
- 167 Right of third person claiming goods bailed
- 168 Right of finder of goods
- 169 When finder of thing commonly on sale may sell it
- 170 Bailee's particular lien
- 171 General lien of bankers, factors, wharfingers, attorneys and policy-brokers
